The court can dissolve a marriage by mutual consent under Article 142 when irretrievable breakdown is established, rendering previous divorce decrees void.

O R D E R

1. Leave granted.

2. The instant appeal was originally directed against an order dated 07.03.2023 passed by a Division Bench of the High Court of Delhi in a matrimonial case, whereby the respondent’s application seeking preservation of call detail records of the appellant-wife was allowed. The marriage between the parties was solemnized on 14.01.2021. Soon thereafter, disputes arose leading to registration of FIR No.247/2021 on 06.11.2021 under Sections 498A , 406 and 34 of the Indian Penal Code, 1860 . It followed a complaint under the Protection of Women from Domestic Violence Act, 2005 (in short, the “DV Act”) and then an anti-injunction suit before the Family Court, Patiala House, New Delhi. Meanwhile, the appellant-wife Signature Not Verified Digitally signed by ARJUN BISHT also filed a petition seeking decree of divorce.

Date: 2025.05.28 Reason:

3. The impugned order directing preservation of the call records was stayed on 04.05.2023 with a subsequent modification made by this Court on 29.05.2023.

4. The matter has been taken up on different dates wherein the parties were impressed upon to amicably settle the dispute, especially for the reason that the respondent-husband claims himself to be an Australian citizen and he further claims that a decree of divorce was granted in his favour by an Australian Court.

5. Since the marriage was solemnized in India, we had several reasons in law to disregard the decree and again emphasized that the parties should amicably resolve the disputes.

6. Eventually, appellant-wife has filed this application invoking jurisdiction of this Court under Article 142 of the Constitution of India to dissolve the marriage between the parties with mutual consent. The following prayers are made in the said application:

“a) Allow the present application thereby dissolving the marriage between the Petitioner and the Respondent on the ground of its irretrievable breakdown in exercise of power under Article 142 of the Constitution of India ; b) Fix an amount towards permanent alimony and maintenance as may be deemed fit and appropriate by this Hon'ble Court in the facts and circumstances of the present case.”

7. Since the respondent was not signatory to the above-stated application, opportunity was granted to him to file an affidavit of consent. The respondent has consequently filed his affidavit dated 20.05.2025.

Paragraph 5 thereof reads as follows:

“5. I further state that I consent to the Australian divorce decree being declared null and void in India, consequent to the grant of divorce by this Hon’ble Court under Article 142 of the Constitution of India as contained in Paragraph 3 of the present Affidavit.”

8. The respondent, however, has made a prayer that all the other cases pending between the parties, including criminal cases may be annulled.

9. The appellant-wife also has no objection thereto.

10. It is a case where the parties after their marriage could stay together for hardly a few months and being an irretrievably broken marriage, we are satisfied that it is a case to invoke powers under Article 142 of the Constitution and dissolve their marriage by way of a decree of divorce. Ordered accordingly. The marriage between the parties stands dissolved by way of decree of divorce.

11. Consequently, the alleged decree of divorce passed by a Court in Australia is declared to be null and void having no binding effect on the parties.

12. Resultantly, the following cases also stand quashed/resolved/disposed of:

(i) Complaint Case No.8/2022, titled ‘Nimisha Dua vs. Vaibhav Oberoi and Ors’, filed by the appellant-wife under DV Act, pending before the MM, Mahila Court, Patiala House Court, New Delhi and all other proceedings arising therefrom are hereby quashed.

(ii) HMA No.426/2022, titled ‘Nimisha Dua vs. Vaibhav Oberoi’, filed by